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The potential drawbacks of default divorce

On Behalf of | Jan 13, 2024 | Family Law

Divorce is a challenging and emotional process. Sometimes, couples find themselves unable to agree on important issues such as child custody, property division or spousal support. In such cases, some people consider a default divorce, where one party fails to respond or participate in the legal proceedings.

While default divorce may seem like a convenient solution, it is important to understand the potential risks associated with this course of action.

Unequal division of assets

One of the significant risks of default divorce is the possibility of an unequal division of assets. When one party fails to participate, the court may make decisions based solely on the information provided by the responding party. This can lead to an unfair distribution of marital property.

According to Florida Courts, people can pursue a default divorce if their spouse does not file an answer to a divorce petition after 20 days.

Unfavorable child custody arrangements

In default divorce cases involving children, the court may award custody to the responding party by default. This can result in an arrangement that may not be in the best interest of the children. The absent spouse may lose the opportunity to present their case for custody, potentially leading to an unsatisfactory outcome. Defaulting on a divorce means relinquishing the ability to influence decisions made by the court. This lack of input can result in outcomes that do not align with their wishes or needs.

While default divorce may seem like an appealing option when facing a difficult separation, it is vital to understand the potential risks involved. An unequal division of assets, unfavorable child custody arrangements, inadequate support orders, limited decision-making input and difficulties modifying decisions are all potential consequences of defaulting on a divorce. People must safeguard their rights and interests throughout the divorce process.